Another Palestinian U.N. Bid

A unilateral declaration (UDI) violates all agreements and further complicates the peace process.

On November 29, 2012, the Palestinian Authority will request that the General Assembly adopt a resolution to upgrade the Palestinian representation from Observer status to a non-Member State of the United Nations. This follows last year’s failed attempt to have the United Nations Security Council consider their Unilateral Declaration of Independence. This is a matter of great significance and potential impact.

Unlike the Security Council, the General Assembly vote would not be legally binding, nor provide recognition as a state or full membership in the UN – but would still lead to serious consequences. Such an international mandate could enhance the upgraded entity’s ability to join other specialized agencies and possibly give it standing to petition the International Criminal Court against Israel – which PA President Abbas and other PA officials have long asserted is a primary goal. According to Abbas Zaki, member of the Fatah Central Committee, the PA will use UN recognition to void the Oslo accords and "go to all UN agencies to force the international community to take legal action against Israel."

The request for upgraded status will not resolve any of the core issues, including borders and refugees, and could trigger the cut-off of aid from the United States and other countries, as this unilateral action violates all previous agreements and is opposed by much of the Western world.

If this political maneuver is successful, not only will the conflict continue and the lives of Palestinians on the ground not change for the better, but this could potentially make things much worse. It will raise the expectations of Palestinians who will soon see that there is no improvement and perhaps, heavy losses. The proposed direct negotiations with Israel, long stalled by Abbas’ refusal to talk, would be further diminished. Israel would also take measures in response to reflect its disapproval.

Israeli support for a two-state solution was endorsed by five Israeli Prime Ministers who all called for a Palestinian Arab state with defined borders next to the recognized Jewish State of Israel. But this outcome can only be achieved through direct negotiations. Israeli leaders have made incredibly generous offers, all rebuffed by Palestinian leaders. Israel has continuously called for direct talks without preconditions and has made gesture after gesture with no response.

President Obama called Abbas and urged him not to move forward.

The United States and other nations are opposed to the Palestinian move. On November 10th, President Obama called Palestinian Authority President Mahmoud Abbas and urged him not to move forward with the upgrade. Further, according to a recent U.S. government memorandum to European governments obtained by The Guardian, the U.S. called the Palestinian bid “extremely counterproductive,” and stated that, “Palestinian statehood can only be achieved via direct negotiations with the Israelis.”

In addition to President Obama, other world leaders, including Canadian Prime Minister Stephen Harper and German Foreign Minister Guido Westerwelle, have spoken out against Palestinian unilateral action. A 2011 statement issued by the Quartet (the U.S., Russia, EU and UN), prior to the PA’s initial UN bid said, “The Quartet reaffirmed that negotiations should lead to an outcome that ends the occupation that began in 1967 and resolves all permanent status issues… [The Quartet] reaffirms that actions by either party cannot prejudge the outcome of negotiations and will not be recognized by the international community.”

If the Palestinian leadership proceeds with a unilateral move for a UN status upgrade – a clear violation of the bilateral parameters established in the Oslo Accords – then Israel may opt to cancel the Paris Protocol. The Paris Protocol is an economic accord that was part of the Oslo process, that regulates economic relations between Israel and the PA. Other retaliatory measures may include revoking permits for Palestinians living under the PA to work in Israel.

Discredited U.N.

The resolution process begins with the introduction of a resolution that will be introduced to the General Assembly, likely by the League of Arab States or another group, calling for the upgraded status. This can be done at any time, but will be timed to coincide with the annual Palestinian Solidarity Day at the UN on November 29th. A majority of those present is required – and a majority is assured.

The UN vote will not be decided on its merits nor any moral or legal basis. Only a simple majority vote is needed for the PA to achieve the status upgrade. This is assured as of the 193 member states, 22 belong to the League of Arab States and 120 to the NAM (Non-Aligned Movement) currently chaired by Iran, and 56 are part of the Organization of the Islamic Cooperation.

The hope is that by diminishing the number of countries who support this resolution, particularly in Europe and other democracies, that this will undercut the legitimacy of the vote.

Last year's experience, after UNESCO granted the PA upgraded status, should be a warning of potential consequences for other UN entities that might follow suit. UNESCO had to cut its budget dramatically with the loss of U.S. funding and the failure of others to make up the difference as promised.

Attack on Israel

Palestinian maneuvers for statehood at the United Nations are a part of a comprehensive strategy to delegitimize and stigmatize Israel. As explained by Middle East expert Alexander Joffe, “The UDI (unilateral declaration) strategy cleverly positions Palestinians to pursue their long-term goal of eradicating Israel by co-opting additional United Nations institutions. This long march through the institutions has spread the delegitimization and stigmatization of Israel widely and at a low cost.”

The PA hopes to take Israel to the International Criminal Court.

Palestinian leaders have explicitly said that the UN status upgrade will be exploited to attack Israel in the International Criminal Court (ICC). In referring to the ICC in October, Palestinian Chief Negotiator Saeb Erekat said: “[Israel doesn’t] want me to have a sword on their neck.” Similarly, senior PA official, Nabil Shaath said: “We will have political goals behind this decision – for which we will have an overwhelming majority – including that we will become full members of international organizations, mainly the International Criminal Court.”

In fact, Hamas is also opposed to this move by the PA. The Hamas Charter still calls for the annihilation of Israel and rejects the three Quartet Principles – recognition of Israel’s right to exist; acceptance of existing agreements; and an end to violence. However, if the UN approves the upgrade in status to a non-member state, then Hamas – a designated terrorist group by many countries including Jordan, Japan, the EU and the United States – would be given de facto international legitimacy. It is important to note that Hamas is in full control of Gaza and the PA has no authority there. Abbas hasn’t set foot in Gaza in years.

Legal Issues

The bid runs counter to international law, as the Palestinians do not meet the criteria for statehood as defined by the 1933 Montevideo Convention. Under the principles of international law, there are four prerequisites for statehood: a permanent population; a defined territory; effective government; and a capacity to enter into relations with other States. Currently, the Palestinian Authority does not satisfy this criteria. According to the UN Charter, membership is open to states only, not movements.

At a time when the Middle East is in turmoil – Iran moves ever-closer to nuclear weaponry, Syria is amidst a bloody revolution, and the Egyptian government moves toward greater radicalization – a Palestinian move would be a distraction from the crucial issues in the region, wasting time and energy, and raising tensions.

Those hopeful for peace in the Middle east should contact consulates of UN member states, especially those of European countries, their Washington Embassies and UN Missions, urging them to vote against (or at least abstain from) this resolution. Contact your Congressional representatives and local leaders, including your clergy, with the message that this UN action will not help the Palestinian people, but only further wedges the hope for a negotiated settlement with the State of Israel.

About the Author

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Visitor Comments: 14

(10)
Giacomo,
November 30, 2012 10:07 AM

Hashem position on the matter

If anyone is interesting to know Hashem's position about the two state solution,and how HE will solve the matter, please read Ezekiel chapter 35. This regards foreign affair. On the other hand if you like to know how HE will solve internal affair, then please look at Ezekiel 34. If you like to know tomorrow's news today, these two chapters then, are a must. Shabbat Shalom.

(9)
BenK,
November 30, 2012 3:24 AM

time to acknowledge G-ds Help

It is very obvious it is wrong to call for a Palestinian state at the UN. Gaza is openly run by Hamas terrorists (who were heavily voted for) who fire for fun hundreds of rockets at Israeli cities at random and Abbas and his insitutions openly glorify terrorists that purposely murder civilian men, women and children, including Hamas terrorists. Pslams 83 comes to mind. Its ABOUT TIME we urged Netanyahoo to include in his proud eloquent speeches of Jewish rights to their homeland with their age old capital of Jerusalem ALSO mention of the Guardian of Israel On High. Do we want G-d to get angry that He performs so many miracles (ingathering of millions of Jews into Israel from all over, victories over much larger and fanatical neghbors again and again, many hundreds of missiles being fired day after day at cities and less than a hand ful killed) and we act as if we think its all "our own strength" leaving G-df out of the picture. Please - LMAAN Yisroel

(8)
Miriam,
November 29, 2012 8:17 PM

I don't get the math

193 member states, but
22 120 56 = 198
I also don't understand why it's a big deal if the US stops funding Palestine. The Arab countries are very wealthy they have plenty to go around not just for a few guns they throw to the Gaza police - they can rebuild and create a good infrastructure, and they should know how to set up a Muslim country for their brothers better than the West anyway.

(7)
anon,
November 29, 2012 5:55 PM

"generous offers, all rebuffed by Palestinian leaders"

starting back in 1948 when the PA had their first opportunity to have a PA state and their leader said no. All the PA wants is to get rid of Israel. If Israel gives up any land to the PA that will be the beginning of the end for the State of Israel

(6)
beej,
November 29, 2012 1:10 AM

Can Israel take PA to ICC if UNGA passes the resolution?

I hope the PA won't do it, but they've "never missed the opportunity to miss an opportunity", as memory tells me Abba Eban once said. So if they do go for it, and it passes, what's to stop Israel from accusing PA and Hamas of War Crimes? That seems to me to be a target-riich environment, if Israel is allowed to defend herself in a court setting (even if not on a battlefield).

(5)
anna,
November 28, 2012 9:15 PM

comment in support of Israel

I am considered a liberal in many political areas. That does not mean that I rubber stamp anything that a "liberal movement" might want. Any Jew who gives legitimacy to a Palestinian state is hurting Israel and all Jews. Jews living in the US who have this view have gotten complacent because their situation is one of safety, though Jews have been targeted here. German Jews were complacent too. You need to think about what is best for yourself and your children, and stop getting political propaganda mixed up with personal needs. We need our own state, else we continue as uncertain travelers at the mercy of others.

(4)
watchtowerman,
November 27, 2012 5:40 PM

On November 11, 2004 Asser Arafat died ...
9. I. 2005, on the vacant place of Arafat's "President" of the Palestinian Authority, was elected Mahmoud Abbas . Popular in the PLO and the world with his revolutionary name Abu Mazen. Provide, as I said, the financing of terrorist attack against the Israeli team during the Olympics in Munich `72, "doctor" of the Oriental Institute of Moscow in 1982 with a thesis:" The secret ties between Nazism and the Zionist movement, " view the Holocaust.
Mahmoud Abbas - the architect of the strategy for the destruction of Israel - not with one stroke, but gradually, in stages, like the creation of a Palestinian state is part of it.

(3)
Eli,
November 27, 2012 4:47 PM

The Arabs are not interested in peace

They say what they mean "we declare war on Israel".
They must leave Isreal just as all Jews left the Moslem countries after 1948.
I wish them well in their own coutries.
There is no nation or country called Palestinians or Palestine. They are Arabs which must live in their own countries like Egypt, Syria, Lebanon, .......

itzik,
November 29, 2012 12:50 AM

Shalom
Jordan was created for the Arabs that call themselves Palestinians. It is the most sensible solution, In a normal world. the United Nations is a moralistically bankrupt org.

(2)
jgarbuz,
November 27, 2012 4:15 PM

Liberal Jews destroy nations including the Jewish one.

Liberals backed taking Muslim Kosovo away from Serbia by the UN, and now they are backing the recognition of a 22nd hostile Arab state on liberated Jewish soil in the heart of the homeland. Next they will no doubt back UN recognition of the Republic of Lakotah Sioux who declared their independence from the US in December 2008. Why don't they back the creation of a Kurdish state or a Baque state, or a Baluchi state, et al.? The leftists came to Palestine to create a bolshevik state, not a Jewish one, and having failed that, they now seek to destroy it. They never wanted a Jewish state but rather some leftist dystopia that simply did not materialize because human nature does not conform to Marxist principles. But they will continue to do everything possible to destroy the essence of Judaism and to secure a Muslim victory.

(1)
Lisa,
November 27, 2012 12:33 PM

It's gotten totally confusing.

I am no fan of the NYTimes, but 2 days ago I read with interest an Op-Ed by Yossi Beilin, who has served as Israel's Deputy Foreign Minister and Minister of Justice. I figured those credentials make his opinion worthy of consideration. He lays out arguments why Israel should NOT object to the Palestinian's upcoming unilateral bid for statehood. But AISH.com's article describes why the unilateral bid should be COMPLETELY rejected. I say with no shame, I am now very confused. The two articles accuse different sides of refusing to negotiate and so on and so forth. Imagine the confusion which other good faith readers must have- at least those who read diametrically opposed articles. With so many persons only relying on a single source for their news (more people read the NYTimes worldwide, than AISH.com), it's easy to see a problem here. I would like to know how AISH.com and Mr. Beillin respond to each other's opposite positions. Furthermore, AISH.com needs to figure out how not to "preach just to the congregation". Israel has been losing the media war for a long time now.

Marvin,
November 27, 2012 3:48 PM

Not a State

Lisa, the Palestinian entity does not meet the internationally recognized criteria for what constitutes a state, as established at the Montevideo Conference of 1933.

Harry,
November 27, 2012 5:28 PM

Lisa - You are not the only one confused

The essential argument made by Yossi Beilin in his OpEd piece in the NY Times is this: The Hamas terrorist organization can only gain from the failure of achieveing a negotiated Palestinian state based on the Oslo Acoords. Beilin argues that The Hamas will further grow in stature and the PLA lessen in staure the longer the non-negotiations for a separate State drags on. So, in order to lessen the Hamas popularity and strengthen the PLA, with whom Yosi feels Israel can negotiate; Israel and the US should accept a General Assembly vote for 'observer status' statehood. This may push the so called moderate PLA into the forefront and harm Hamas. Maybe so...or maybe not.
What I find of interest and concern is how neither this argument nor the Aish.com counter argument helps Israel achieve a long term peace. There is zero assurance that 2 States living side by side as envisioned in the Oslo Accords will be any different in nature than the situation currently on the ground. In fact, if the recognition were to happen, we might eventually be looking at the crazy future development of two Palestinian entities with 2 distinct governments each recognized by the UN . One ruling Hamastan in Gaza, and one ruling the West Bank. This would not help the cause of peace, which is why I am very much opposed to a vote in the UN of this kind. It sets the stage for another vote down the road for the establishment of Hamastan in Gaza or worse a united PAL state headed by the Hamas.
For my part any serious negotiation for peace has to take place when the PLA and Hamas iron out their differences and produce a single 'unified' society striving for peace and prosperity in a country that recognizes Israel's right to exist. This Palestine entity will have defined borders neighboring a strong Democratic Jewish State of Israel as first envisioned in 1947.

anon,
November 29, 2012 5:48 PM

this should help end the confusion

googled the writer of the NYT
en.wikipedia.org/wiki/Yossi_Beilin
Dr. Yosef "Yossi" Beilin (Hebrew: יוסי ביילין‎, born in Petah Tikva on 12 June 1948) is a left-wing Israeli politician and a former Knesset member, Deputy Foreign ...
he is pro-PA and therefore anti-Israel

I was born with a neuromuscular disease known as Spinal Muscular Atrophy and have been confined to a wheelchair my entire life. Unfortunately my sister and I were raised without any religious instruction or guidance. My father wasn't Jewish and although my mother is, she openly claims to be an atheist. The "good news" is that both my sister and myself - independent of each other and at different times in our lives - realized that we are Jewish and chose to live a Jewish life.

Because of my disability, I'm not always able to attend services on Shabbat, but I always light candles, pray from a Siddur and read the weekly Torah portion. I would like to know whether, considering my situation, if using a computer is allowed during the Sabbath? I found the complete Bible online and since my computer is voice-activated I don't have to struggle to turn pages or continuously ask for assistance.

Thank you to everyone at Aish.com for making it possible for myself and so many others to learn about being Jewish and grow in the most important part of our lives.

The Aish Rabbi Replies:

Thank you so much for your encouraging words and for sharing your inspiring story.

God gives each of us a set of challenges. To those more capable of conquering difficulties, He gave bigger challenges. A challenge from God is a sign that He cares about us and has confidence in our ability to become great.

It sounds like you're doing great!

As for using the computer on Shabbat, that is prohibited. A foundation of Judaism is that we need to respect God's wishes, even if we think that doing otherwise is "for a good reason." Consider this story:

A king calls in his trusted minister and says: "I have an important mission for you to perform. Go to the neighboring kingdom and meet in the palace with their leaders. But remember one thing - under no circumstances must you remove your shirt during this meeting. Now go and do as I say."

The minister sets off on his merry way and soon arrives at the neighboring kingdom. There he heads straight for the palace where he meets with the King. In the midst of their discussion, he sees some of the king's officers pointing and laughing at him.

"Why are you laughing?" asks the visiting minister.

"Because we've never seen someone with such a pronounced hunchback as yourself," they say.

"What are you talking about? I'm not a hunchback!"

"Of course you are!"

"No I'm not!"

"We'll bet you one million dollars that you are!"

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"Okay, so take off your shirt and prove it."

At which point the minister remembers the parting words of the king... "under no circumstances must you remove your shirt during the meeting." Yet, the minister reasons, a million dollars would certainly bring added wealth to the king's coffers. I know I'm not a hunchback, so I'll surely win the bet. Of course, under these circumstances the king would approve...

The minister removes his shirt and proudly displays his perfect posture. With pride in his achievement, he holds out his hand, into which is placed a check for one million dollars.

The minister can barely contain his excitement. He quickly ends the meeting and runs back to give the wonderful news to his king. "I earned you a million dollars!" exclaims the minister. "It was easy. I only had to remove my shirt to prove that I wasn't a hunchback."

"You did what?!" shouts the king. "But I told you specifically not to remove your shirt. I trusted that you'd follow instructions, and so I bet the other king $10 million dollars that he couldn't get you to remove your shirt!"

The Torah tells us "Do not add or subtract from the mitzvahs." (Deut. 4:2) Jewish law is a precise metaphysical science. Consider a great work of art. Would you consider adding a few notes to a Bach fugue, or some brushstrokes to a Rembrandt portrait?!

Perfection, by definition, cannot be improved upon. Altering Torah law is an unacceptable implication that God is lacking.

The verse in Psalms 19:8 declares: "Torat Hashem Temimah" - the Torah of God is complete. For just as adding one wire to a transistor radio means it no longer can pick up reception, so too we mustn't tinker with Jewish law. The mitzvahs of God are perfect.

May the Almighty give you strength to continue your growth in Judaism.

In 1315, King Louis X of France called back the Jews who had been expelled a few decades earlier by King Louis IX. This marked a theme in Jewish-French life: expulsions and subsequent invitations to return. The French monarchy was trying to establish their land as the "new Jerusalem," and to fulfill this mission attempted several crusades to Israel. In 1615, King Louis XIII ordered that Christians were forbidden to speak with Jews, upon penalty of death. Eventually, in 1683, King Louis XIV expelled the Jews from the colony of Martinique.

Focus on what you do want. Make your goal explicit. “My goal is to increase my moments of joy.” This way, every single moment of joy is a successful moment.

Celebrate each moment of joy. Be grateful every time you experience joy.

Having this goal will place your attention on joy. Instead of feeling bad when you are not joyful, you will experience positive feelings about experiencing more joy.

Each moment of joy in your entire life is experienced one moment at a time. You can’t have more than one moment of joy in any given moment, but you can increase the number of joyful moments. How? By focusing on it.

There is no person on earth so righteous, who does only good and does not sin (Ecclesiastes 7:20).

Reading the suggestions for ridding oneself of character defects, someone might say, "These are all very helpful for someone who has character defects, but I do not see anything about myself that is defective."

In the above-cited verse, Solomon states what we should all know: no one is perfect. People who cannot easily find imperfections within themselves must have a perception so grossly distorted that they may not even be aware of major defects. By analogy, if a person cannot hear anything, it is not that the whole world has become absolutely silent, but that he or she has lost all sense of hearing and may thus not be able to hear even the loudest thunder.

In his monumental work, Duties of the Heart, Rabbeinu Bachaye quotes a wise man who told his disciples, "If you do not find defects within yourself, I am afraid you have the greatest defect of all: vanity." In other words, people who see everything from an "I am great/right" perspective will of course believe that they do no wrong.

When people can see no faults in themselves, it is generally because they feel so inadequate that the awareness of any personal defects would be devastating. Ironically, vanity is a defense against low self-esteem. If we accept ourselves as fallible human beings and also have a sense of self-worth, we can become even better than we are.

Today I shall...

be aware that if I do not find things within myself to correct, it may be because I am threatened by such discoveries.

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